Dar es Salaam. The High Court, Dar es Salaam Sub-Registry, has sentenced Omary Ng’azi to death by hanging after convicting him of the murder of one Frazer Chiwiya, whom he stabbed multiple times with a screwdriver.
The court heard that the incident occurred on April 2, 2024, at Mwananyamala kwa Sindano in Kinondoni District of Dar es Salaam.
Judge Awamu Mbagwa, who presided over the criminal case ruled that the prosecution had proved its case beyond reasonable doubt, establishing that the accused caused the death of the deceased using a sharp object.
According to the judgement which cited the prosecution, the chain of events began when the accused allegedly attacked and robbed Paulo Isaac of his mobile phone.
Paulo told the court that he had travelled to Dar es Salaam to visit his sister and was returning home after buying airtime when he encountered the accused and a group of men on a bridge.
He said the group, who were reportedly smoking cannabis, ordered him to switch off his phone torch. When he refused, the accused and his associates assaulted him, knocked out one of his teeth and took his phone.
Paulo later reported the incident to his brother-in-law, Frazer, who knew the accused as they lived in the same area.
The court heard that Frazer went to the accused’s residence to demand the return of the phone and even called the accused’s mother to inform her of the incident.
Moments later, the accused allegedly entered his house, returned armed with a screwdriver and stabbed Frazer several times before fleeing.
Efforts to save Frazer proved futile. He was rushed to Mwananyamala Hospital but was pronounced dead on arrival after sustaining heavy bleeding from the mouth, nose and chest.
Arrest and medical findings
Following the incident, police launched a search that led to the arrest of the accused, who was taken to Oysterbay Police Station.
A caution statement recorded by investigators indicated that the accused admitted to stabbing the deceased.
A medical doctor who conducted a post-mortem examination told the court that the cause of death was excessive bleeding resulting from a stab wound to the chest.
In his defence, the accused acknowledged a confrontation with the deceased but denied responsibility for the killing, insisting that the case lacked merit.
However, Judge Mbagwa found that the evidence presented by the prosecution, including eyewitness testimony and medical findings, was consistent and credible.
The judge said the nature of the weapon used, the parts of the body targeted and the conduct of the accused before and after the attack demonstrated clear intent to cause grievous harm or death.
“The accused deliberately armed himself and inflicted multiple stab wounds on the deceased, an act that clearly indicates malice aforethought,” the judge noted.
The court concluded that the prosecution had proved the offence of murder beyond reasonable doubt and accordingly convicted the accused under Sections 196 and 197 of the Penal Code.
He was subsequently sentenced to death by hanging.
